HBA- LJP, SEP H.J.R. 2 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 2
By: Chisum
Constitutional Revision, Select
7/10/2001
Enrolled



BACKGROUND AND PURPOSE 

Under current law, a commissioners court of a county is not required to
fill a vacancy in the office of constable.  However, according to Attorney
General Opinion JC-0140, it may be possible for a county to be held liable
for not filling the office.  As proposed, H.J.R. 2 requires the submission
to the voters of a constitutional amendment authorizing the commissioners
court of a county to declare the office of constable in a precinct to be
dormant and provides for the reinstatement of the office. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

H.J.R. 2 amends the Texas Constitution to authorize the commissioners court
of a county to declare the office of constable in a precinct dormant if at
least seven consecutive years have passed since the end of the term of the
person who was last elected or appointed to the office and during that
period of time no person was elected to fill that office or the person
elected failed to meet the qualifications or to assume the duties of that
office.  The bill prohibits a constable office declared dormant from being
filled by election or appointment.  The records of a constable office
declared dormant are transferred to the county clerk.  The bill authorizes
the commissioners court to reinstate a dormant constable office by vote of
the commissioners court or by calling an election in the precinct to
reinstate the office.  The bill requires the commissioners court to call an
election to reinstate the office if the commissioners court receives a
petition signed by at least 10 percent of the qualified voters of the
precinct. 

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 5, 2002.